May

16

2018

In the recent case of Loson v Stack and another [2018] EWCA Civ 803, the Court of Appeal has provided clarity and guidance on the test that judges should apply when making an order for a judgment sum to be paid by instalments.

Loson v Stack and another [2018] EWCA Civ 803 concerned a fine issued under a parking ticket. The Claimant received a parking ticket while her husband was using her car. When he failed to pay the fine, Bailiffs were then instructed by the local authority in order to seize the vehicle. Following this event, the Claimant issued proceedings seeking an injunction and damages. The claim was dismissed and the Claimant was ordered to pay £5,000.00 worth of costs. When she failed to pay the costs, the Defendants served a Statutory Demand upon the Claimant which she applied to have set aside. The application was unsuccessful and a further costs order of £3,000.00 was made against the Claimant. The Claimant then subsequently sought a variation of the costs order to allow for payment by instalments. This was granted by the District Judge based on the Claimant’s ‘limited means’ and on the basis that payment by instalments would not delay the Defendants ability to proceed in a bankruptcy claim. The Claimant was ordered to pay £50.00 per calendar month, despite statutory interest of 8% amounting to £53.33 per month alone. This in turn meant that the Claimant would never pay off the Judgment sums, and would only ever cover the accruing interest.

The Defendant made a successful appeal, following trial, on the basis that the Judge at first instance ignored the statutory interest and ignored that it would have taken 13 years to pay off the principal Judgment sums, if the interest did not apply. The Judge’s decision was therefore said to be perverse specifically as it failed to take into account the Defendant’s interests.

While the Claimant argued that the Defendant could apply to have the order varied in the future “upon there being a change of circumstances”, this was rejected by the Circuit Judge and therefore the appeal was allowed meaning that the order allowing payment by instalments was set aside.

The Claimant then appealed to the Court of Appeal, on the basis that “exceptional circumstances” were not required for an order allowing payment by instalments, and that it was open for the Defendants to apply to vary the instalments. While the Court of Appeal agreed that exceptional circumstances were not a requisite for payment by instalments, they held that discretion had to be exercised in a way that the rights and interests of the Creditor were given priority.

The Court also advised that a Debtor applying for an instalment order must present to the Court a realistic repayment schedule and must demonstrate that the Creditor would receive the monies within a reasonable time period. What is considered as reasonable will depend on the individual details of each case and the individual circumstances of each party. The Court of Appeal agreed with the decisions reached by the Circuit Judge, and the appeal was therefore dismissed.

Should you have any queries relating to the payment of a debt or the collection of a debt, please contact our litigation team on 01702 338 338 or at litigation@paulrobinson.co.uk

very patient with me throughout

blockquote_topI would just like to take this opportunity to offer a big thankyou once again for your handling of my case(s) yesterday at Colchester Magistrates Court.
You were very patient with me throughout and grasped the relevant issues at hand (helpful or not) very well which boosted my confidence in my choice of council to represent me.
I am particularly grateful for your efforts in reaching a favourable outcome through the Prosecution and came away with the feeling of having received fair treatment on the day
John MEssexblockquote_bottom

professional approach and attention

blockquote_topThank you so very much for your totally professional assistance and help to reach the final agreement. I have very much appreciated your clear advice and prompt replies to any of my concerns or questions.
It hasn't been easy to sort through the Separation, but at least your professional approach and attention to my specific issues and concerns has made it more bearable for me personally, and has made the final agreement possible.
Mr SParisblockquote_bottom

Thanks again for your help with everything

blockquote_topThanks again for your help with everything you have made this whole process so much more bearable for me I can't thank you enough.
LMEssexblockquote_bottom

patience and understanding

blockquote_topI can't tell you how much I have appreciated your patience and understanding in this matter and, should the need arise in the future, you will definitely be first person I come to for advice.
Ms TSEssexblockquote_bottom

valuable advice and help

blockquote_topHi Melanie
I am absolutely delighted as well as shocked and amazed. It is a great outcome and I must thank you for all your valuable advice and help. I'm truly grateful. It hasn't quite sunk in to be honest! Many thanks again for all your hard work and helping me resolve this matter.
Miss WChelmsfordblockquote_bottom

I couldn’t have done it without you

blockquote_topAnnette
Thank you so much in being my legal representative. I couldn’t have done it without you and our whole family are very grateful.
SFThorpe Bayblockquote_bottom

how fantastic

blockquote_topHello Annette
I just wanted to let you know that I have just spoken to T. L. about the outcome of his court hearing, and he told me how fantastic you have been all the way through his case, right from the beginning when you gave him free advice at the end of last year. It’s so useful for us to get this feedback as we had initially passed your details on to T as Paul Robinson are on Lawyers’ List. I thought you might like to hear it too!
Best wishes,
Grandparents Plus organisation Norfolkblockquote_bottom

first class

blockquote_topHello Melanie,
I thank you for conducting what I consider to be a first class job on my behalf and wish you every success in the future.
Mr RHawkwellblockquote_bottom

Kind and very professional

blockquote_topI found Pauline to be calm, kind and very professional in very trying times.
I cannot compliment her enough for the way she dealt with these transactions and can only say that she is a great credit and asset to your Company.
Mr ELoughtonblockquote_bottom

Pursuing the matter

blockquote_top[Ana], many thanks for bringing successful closure to this for me. I very much appreciate your time and effort spent in pursuing the matter and of course I am delighted with the end [result].
I do however hope very much that I do not need to call upon your services again in the future for any similar matter but look forward in working with you again on less ‘painful’ pursuits.
Mr CWestcliffblockquote_bottom

Service to clients are outstanding

blockquote_topI have used Sophie Cannon on a few occasions and feel her service to her clients are outstanding, very professional and would highly recommend to friends/family. I look forward to do business with Sophie/Paul Robinson shortly.
Mr RobinsonWickfordblockquote_bottom

A successful outcome for us

blockquote_topWords really can't express what it means to the boys and I and our future, and how deeply grateful I am to you for all your support, expertise and for achieving such a successful outcome for us.
Ms WWestcliffblockquote_bottom

I felt at ease with you during such a difficult time

blockquote_topAnnette, thankyou so very much for all of your help in getting my children to live with me. You stepped in quite last minute and I felt at ease with you during such a difficult time. You truly are a star. Many Thanks
Miss LBEssexblockquote_bottom

Thanks again for all your help

blockquote_topThanks again for all your help. You have been brilliant and an absolute pleasure to work with on the big move!
R BerryLaindon, Essexblockquote_bottom

Professional, approachable and a pleasure to deal with.

blockquote_topIt is very rare that we feel strongly enough to put pen to paper, but we feel obliged to so today. Our business relation with Sophie cannon in two separate occasion has been very professional, we found her approachable person it has ever been our pleasure to deal with. People are often quick to criticise and slow to praise but we feel no amount of praise high enough for Sophie Cannon.
O Ikibirolgu New Barnetblockquote_bottom

Timely, professional and friendly service

blockquote_topI was very impressed. Anxious time for me and uncertain of process and outcome. Hayley Dear’s swiftness, professionalism and availability was most impressive.
Mr KLeigh-on-Seablockquote_bottom

A very professional service

blockquote_topI would like to congratulate the solicitor who represented me in Basildon Magistrates Court November the 18th. A very professional service I received and I was very pleased with the outcome. I would definitely use Paul Robinson solicitors again should I need to do so. Thank you very much and wishing you all the best for the future.
Mr HEssexblockquote_bottom

A no nonsense approach but professional at the same time

blockquote_topI must say how fantastic and strong you were yesterday a very professional and solid approach you delivered - who knows if you weren’t there what could have happened. I thank you so much I really mean that .
You had fire in your blood Laura, a no nonsense approach but professional at the same time, I was proud to have you supporting me.
I’m trying to start life again today with a positive attitude as yours is. It must be rewarding knowing you helped someone, who had no hope, no vision of the future, to turn it around for them as you have for me .
Thank you so much I mean that.
Mr SEssexblockquote_bottom

Fastest solicitors I have ever used

blockquote_topThanks again for your help you have been the fastest solicitors I have ever used. I will use you again in the future for anything I need!
MBSouthendblockquote_bottom

We'll be sure to recommend you guys and if we move we'll be back for sure

blockquote_topThank you so much for being Awesome and helpful throughout the whole process. So happy we got there. We'll be sure to recommend you guys and if we move we'll be back for sure.
Mr & Mrs JamesBenfleetblockquote_bottom

We feel no amount of praise high enough

blockquote_topIt is very rare that we feel strongly enough to put pen to paper, but we feel obliged to so today. Our business relation with Sophie cannon in two separate occasion has been very professional, we found her approachable person it has ever been our pleasure to deal with. People are often quick to criticise and slow to praise but we feel no amount of praise high enough for Sophie Cannon.
Ossie IkibirogluRemortgage in Bangorblockquote_bottom

You have been the best legal team I have ever had on a house transaction

blockquote_topThanks so much for your hard work and attention to detail on both the sale and purchase on my behalf. Without any doubt, you have been the best legal team I have ever had on a house transaction-keep it up! I will not hesitate to pass on your details to anyone who needs such services- lucky you!- and I won't even charge commission...
Mr MillgateCambridgeblockquote_bottom

I would be only too welcome to recommend him to all my clients and friends.

blockquote_topThank Chris for me as I am so very pleased with the outcome of my son Johnathons case
I would be only too welcome to recommend him to all my clients and friends.
Janet HarrisAccountantblockquote_bottom

On the ball

blockquote_topHi Natalie. This is just a note to say what a fantastic job you did for our conveyancing. Professional, efficient and generally an amazing service.. We are really grateful for everything you have done and can't thank you enough for being so professional and "on the ball" throughout the whole process.
G Tungatt Braintreeblockquote_bottom

An asset to their team

blockquote_topHi Natalie
May I take this opportunity to say a massive thank you for all your hard work and dealing with this efficiently. You're a fantastic professional and I hope Paul Robinson realise that they have an asset to their team. I know it's a small transfer of ownership but I am really impressed with the way that this has been handled and that is credit to you.
OSLondonblockquote_bottom

The best solicitors we have used!

blockquote_topFrancesca, Just wanted to say, you have been absolutely brilliant, especially with the short time scale.......the best solicitors we have used!
Emma And MattLeigh on Seablockquote_bottom

Annette will go that extra mile to help

blockquote_topAnnette Lowen was like a breath of fresh air during a very difficult and emotional time. It was such a relief and weight off my shoulders to find her. You always feel confident that she has fully listened to you and understood what you are thinking and feeling. Her ability to document and subsequently recall the required detail, both quickly and accurately, is second to none. I once likened her to a nuclear bomb! Overall, I have always found, and appreciated the fact, that Annette will go that extra mile to help.
Mr DLeigh on Seablockquote_bottom

You've been by far the best solicitor I've ever worked with!

blockquote_top“Thank you Samantha and again to you Natalie!!! You've been by far the best solicitor I've ever worked with!” I was impressed from start to finish and being based in the U.S. before entering into this process I was concerned it’d be difficult keeping up to date with proceedings with the added pressure of dealing with a government 2nd charge on the property. Natalie you were excellent and on the ball from day one, kept me in the loop for each and every stage, helped ease the time zone and communication challenges and was hugely important for the sale of this property going smoothly and keeping us calm! I cannot thank you enough, a true professional who made this experience seamless. Thank you Natalie!!!!!
Testimonial from Rikki WoodUSblockquote_bottom

Prompt and Concise Response

blockquote_topThank you for your prompt and concise response.
That certainly makes things very clear and straight forward.
Overall thank you for all your help and advice……. Should I need a solicitor in the future I will be sure to call your firm
Mr KBasildonblockquote_bottom

Thank you!

blockquote_topI would like to thank you for all your help and support you have given me. I am extremely grateful for what you helped me achieve in court, and I will be using you again if I ever need a solicitor
Testimonial from Miss VH (represented on an agency basis)Southend on Seablockquote_bottom

Professional and Diligent

blockquote_topAnnette Lowen represented my family case with the highest respect and integrity. Working alongside myself to reach the best possible long term goal. Extremely diligent and professional with much compassion. I highly recommend her expertise.
Lisa AEssexblockquote_bottom

Not just a Solicitor

blockquote_topAnnette I just wanted to personally thank you...as you know I was an emotional mess when I first came to you. You've not just been a legal representative, you've given me some great advice and helped me be a better mum.
Miss SEssexblockquote_bottom

Highly recommended

blockquote_topI appreciate your professionalism and kindness, and would truly recommend you to family and friends if they ever needed your services.
Many Thanks!
Miss HSouthend on Seablockquote_bottom

Easy Move

blockquote_topI have recommended you to anyone that will listen. You are making a fairly stressful procedure a lot easier, it is greatly appreciated. I know I am paying for it at the end of the day, but the levels of service I receive from yourself and your team are always excellent.
ClientWestcliff on Seablockquote_bottom

I couldn't have wished for a better solicitor!

blockquote_topI would just like to thank you so much for your fabulous work. It has been without fault, swift and thorough. I could not wished for better.
J. AnnanDevonblockquote_bottom

Fantastic Service

blockquote_topWe received the highest standard of service. Throughout the process, Andrew and the Team were so helpful and reliable. Would recommend the Company to anyone.
E.BabbWestcliff on Seablockquote_bottom

Excellent service

blockquote_topI am delighted with the outcome of my case and I would not hesitate to use you again. Professional, reliable, knowledgeable and excellent communications.
C. HowellGraysblockquote_bottom

Timely & vital advice

blockquote_topThank you for all the work you and your staff in the office have done and the support… you have always been very professional, prompt and efficient in dealing with and explaining any request I had. Your patience and tenacity helped keep this out of court at a time when it seemed to be heading in that direction.
D. Eagle Accountant, Middxblockquote_bottom

Understood perfectly

blockquote_topAnnette Lowen represented my family case with the highest respect and integrity. Working alongside myself to reach the best possible long term goal. Extremely diligent and professional with much compassion. I highly recommend her expertise.
ClientSouthend on seablockquote_bottom

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Paul Robinson Solicitors LLP is a limited liability partnership registered in England and Wales under registration number OC300127 and is authorised and regulated by the Solicitors Regulation Authority. A list of the members may be inspected at The Old Bank 470-474 London Road Westcliff on Sea Essex SSO 9LD, its registered office.